Practice guide 50: requisition and cancellation procedures

Question 1

1. Introduction

Accepted Answer

This guide gives advice on how to avoid requests for information (requisitions) on applications and our procedures where they do need to be raised, including the way we apply rule 16(2) of the Land Registration Rules 2003 under which the registrar may extend the period to comply with a requisition or may cancel an application for failure to comply. Application checklist: avoiding requisitions gives examples of common requisition points and tips on how to avoid them. The tips also include information where a requisition is unavoidable.

The defects in some applications mean that we are unable to begin working on them until the outstanding matters are resolved. Where we consider an application to be so defective we will reject or cancel the whole application under rule 16(3) of the Land Registration Rules 2003 rather than raise a requisition. Practice guide 49: return and rejection of applications for registration contains tips to help customers lodge applications correctly and avoid rejection or cancellation of an application as defective.

The forms prescribed by the Land Registration Rules 2003 are for use in applications received by us. This guide aims to help you use the right form. View all HM Land Registry forms.

Question 2

2. Requisitions and time to reply

Accepted Answer

Informal telephone or email requisitions may be raised initially if related to a requisition point that can be dealt with quickly and easily. These requisitions will be held over for a maximum of three working days and if no response is received then a formal requisition will be issued, either in paper form, by email or by an alternative electronic means of delivery, such as via Business Gateway.

For each application lodged using the HM Land Registry portal we will use the email address supplied at the point of submission, unless we have a specific request to use alternative or additional addresses. If the email address supplied at the point of submission differs from the email address in an application form we will use the email address supplied on submission. We understand that circumstances can change so if you need us to use an alternative email address while an application is still pending, please let us know using the ‘reply to requisition’ function in the portal.

We will ensure that customers are aware of the requisitions affecting their application and when the application will be cancelled if we do not receive a full reply. The formal requisition we raise will:

explain what we need
ask you to reply as soon as possible

If a full reply to our requisition has not been received we will send a reminder before the application is due to be cancelled, provided either:

the customer is a member of the public, or
where the customer is not a member of the public, that an email address has been supplied (at the point of submission for an application made using the HM Land Registry portal or in the contact details of the application form for any other type of application), or there is an alternative electronic means of delivery, such as Business Gateway

and:

the application is not holding up an expedite case, where time is of the essence and so a reminder will not normally be issued

For the purposes of rule 16(2) of the Land Registration Rules 2003 the specified period within which the requisitions must be complied with is 20 working days from the date of the requisition, but for most applications we allow a longer period of 60 working days. The warning of cancellation is normally sent after 40 working days and explains how you can request an extension of time if you are still unable to reply fully in that time.

In some circumstances, for example when a later application is being expedited, we may send a reminder at any time that the requisition remains outstanding and specify a 20-working day period within which it must be complied with.

If you are a Business e-services customer remember that in most cases you can save time by sending your reply electronically via the HM Land Registry portal or Business Gateway as the case may be. See HM Land Registry portal: reply to requisition. Alternatively, you can reply to requisitions using the View Applications function.

If you are not a Business e-services customer and need to send in a document with your reply you must send the document to us using the appropriate standard address – see our guidance HM Land Registry address for applications.

We will cancel the application in its entirety if we do not receive a full reply and a successful application for an extension of time to reply is not made. However, if the application includes a discharge of a registered charge in addition to other transactions and evidence of the discharge has been lodged, we will complete the discharge. We will also complete so far as possible the accompanying transactions. Thus, if an application is received to discharge a registered charge and register a transfer and a new charge but there is a problem which cannot be resolved in respect of the registration of the new charge, we will complete the discharge and register the new transfer but cancel the application so far as it relates to the charge. If there is a problem with the transfer which cannot be resolved, we will not register the charge.

We may need to ask you to produce additional documents or evidence before we can proceed with or complete your application. We cannot always anticipate what extra documents or evidence we may need so please treat the guidance in this and our other practice guides as indicating only our usual requirements. Sometimes you may need the cooperation of someone else to meet our requirements, such as the person who made the disposition you are applying to register. The full or limited title guarantee a seller usually provides when they transfer land or property includes a promise to help a buyer meet our requirements.

Question 3

3. Applying for an extension of time

Accepted Answer

The majority of requisitions raised are dealt with in a few weeks. We would like a full reply as soon as possible, but we recognise that you may not always be able to reply quickly. If we will be sending you a warning of cancellation letter (see Requisitions and time to reply) you do not need to contact us to request an extension of time until you receive that letter.

Discharge of charges explains that we will not normally requisition for evidence of discharge of a registered charge when this is not lodged with an application and so will not extend the time to allow this evidence to be lodged. The section also explains what we will do if we raise a requisition for evidence of discharge of a registered charge and a subsequent request for an extension of time is made.

For requisitions other than for evidence of discharge of a registered charge we will allow an extension where the delay in replying is explained in writing, provided the request is reasonable, you satisfy us that the matter is being actively pursued and there is a realistic prospect of resolving the problem within a reasonable period. We will normally cancel an application if this is not done.

If you are a Business e-services customer you must request more time to reply by using the Reply to Requisition service in the portal or via your case management system if you are a Business Gateway user. For guidance on applying for an extension using the portal see HM Land Registry portal: reply to requisition.

If you aren’t a Business e-services customer, you can contact us.

When you need an extension, your request must:

not be made more than 10 working days before cancellation is due
be in writing
state the reason for the delay
explain what actions you have taken to resolve matters and when
provide documentary evidence that shows the matter has been actively pursued throughout the period of the requisition when the delay is with a third party
say when you expect to be able to send us a full reply to the requisition

We will normally extend the time for reply by 10 working days. We will consider requests for longer extensions on their merits.

When the time is extended, we will always confirm this in writing and confirm the revised date of cancellation should no reply be received.

See Reasons for delay for examples of when we will normally give or refuse an extension. These are examples, not fixed rules. We will treat each application on its own merits.

Question 4

4. Discharge of charges

Accepted Answer

Where an application to discharge a registered charge is accompanied by other applications, for example to register a transfer and new charge, and is not preceded or accompanied by proof of satisfaction of the charge, we will not normally raise a requisition for this but will register the other applications and leave the entries relating to the charge subsisting in the register. This is known as ‘early completion’ and is explained in more detail in practice guide 31: discharges of charges.

If requisitions arise in respect of the other applications, we will include a reminder that evidence of the discharge has not been lodged. If the requisitions relating to the other applications are complied with but production of the evidence of discharge remains outstanding we will complete the application, leaving the entries relating to the charge subsisting in the register. Once the other requisitions have been complied with we will not extend further the period for production of evidence of discharge.

If there is a restriction in favour of the existing chargee which catches the accompanying applications, we will requisition for either evidence of discharge of the charge or compliance with the terms of the restriction. In this situation we will consider a request for an extension of time.

When applying for an extension you should:

ask for this in writing
show that you are actively pursuing the matter, and
show that the lender is causing the delay

The extension will be for a further 10 working days.

Question 5

5. Reasons for delay

Accepted Answer

The following are examples of when we would normally allow or refuse an extension. Each application will be considered on its merits.

5.1 Extensions normally given

We will normally allow an initial extension of 10 working days in the following circumstances.

Situation: Re-execution of deeds required and parties are difficult to contact or are unavailable due to illness.

Our view: This may well lead to a delay and we would normally allow an extension.

Situation: Consent of restrictioner required and the parties are difficult to contact or are unavailable due to illness.

Our view: This may well lead to a delay and we would normally allow an extension.

Situation: A deed is still with HM Revenue & Customs or the Welsh Revenue Authority for adjudication.

Our view: We know that some adjudication cases can take some time to complete. We will allow an extension. We may ask for copies of the most recent correspondence with the relevant revenue authority.

Situation: A deed has been lost.

Our view: Please explain the position fully and indicate whether you expect to be able to draw and execute a duplicate deed or supply evidence such as a statutory declaration or statement of truth, see practice guide 73: statements of truth.

Situation: A practitioner has just inherited files from a failed or intervened practice.

Our view: The practitioner will require extra time to get familiar with the case.

Situation: The delay is caused by a third party who has either not responded or is not able to deal with the matter before the cancellation date.

Our view: We know that sometimes the delay is beyond your control. We will normally allow an extension if you provide documentary evidence of the actions you have taken and when you have taken them. The evidence must show the delay in resolving the matter was caused by a third party and you have actively pursued them. We expect you to have followed it up with the third party several times in advance of receiving our letter sent on day 40 warning you of cancellation and during the period leading up to cancellation on day 60.

You may be concerned that by providing this evidence you would be passing on personal information. Data protection law allows us to use your personal information for our official purposes and any personal information supplied will be handled in accordance with our personal information charter.

Further requests for extensions will be considered provided you supply updated details of the action taken.

5.2 Extensions normally refused

Where these reasons are given, we will normally refuse an extension and the application will be cancelled on the date given in our last letter.

Situation: A deed has been sent abroad and has not been returned.

Our view: In view of modern posting methods, we consider that the 60 working days originally given is sufficient if the matter is being actively pursued. However, we will normally allow an extension if some form of foreign law is involved, for example power of attorney or counsel’s opinion and that is what is causing the delay.

Situation: A Land Charges search has not been sent.

Our view: We supply a quick turnaround for Land Charges searches. The 60 working days originally given is sufficient if the matter is being actively pursued.

Situation: The person dealing with the matter is absent from the office.

Our view: Normally we would expect the absence to be covered to allow matters to proceed, unless the person is the sole practitioner in a firm and a secretary or equivalent cannot comply. Where someone has died or unexpectedly left we would normally give a short extension to allow someone else to become familiar with the matter.

Question 6

6. Application checklist: avoiding requisitions

Accepted Answer

6.1 Application forms

Requisition

Not all relevant panels of application form complete.

Tips

Our series of guides on specialised transactions usually specify the application forms required, for example practice guide 21: transfer forms for complex transactions.

All HM Land Registry forms and practice guides are available free of charge.

For information on reproducing forms electronically contact our Forms Unit at HM Land Registry Head Office, Trafalgar House, 1 Bedford Park, Croydon, CR0 2AQ or DX 8888 Croydon 3; tel: 0300 006 7405; email: vince.mitchell@landregistry.gov.uk.

Form DL is available for creating a schedule of documents.

Use form CS for continuation sheets if using pre-printed forms.

Requisition

Applications that are not made on the correct application form as listed below:

Tip

For details about when a deed of variation acts as a surrender and re-grant, see Deeds of variation of lease.

unilateral notice not lodged in form UN1
removal of a unilateral notice not lodged in form UN2
application to be registered as beneficiary of an existing unilateral notice not lodged in form UN3
cancellation of a unilateral notice not lodged in form UN4.
cancellation of a notice (other than a unilateral notice) not lodged in form CN1
agreed notice not lodged in form AN1
notice of home rights not lodged in form HR1
renewal of registration of a notice or a caution in respect of home rights not lodged in form HR2
registration of a person in adverse possession under Schedule 6 to the Land Registration Act 2002 not lodged in form ADV1
registration of a person in adverse possession under Schedule 12 to the Land Registration Act 2002 not lodged in form AP1
registration as a person to be notified of an application for adverse possession not lodged in form ADV2
application to enter an obligation to make further advances not lodged in form CH2 unless it is applied for in either panel 8 of form CH1 or a form of charge approved by our Commercial Arrangements Section at HM Land Registry Head Office
application to note agreed maximum amount of security not lodged in form CH3

Tip

See practice guide 30: approval of mortgage documentation

application to determine the exact line of a boundary not lodged in form DB
application to enter a restriction not in form RX1 or form SEV unless it is a standard form of restriction applied for in either:
- the additional provisions panel of a prescribed form of transfer or assent or in panel 8 of form CH1
- a form of charge approved by our Commercial Arrangements Section at HM Land Registry Head Office
- clause LR13 of a lease containing clauses LR1 – LR14 of Schedule 1A to the Land Registration Rules 2003 (for leases dated on or after 9 January 2006)
if a court orders the entry of a restriction under section 46 of the Land Registration Act 2002, applications must be made in form AP1
application for an order that a restriction be disapplied or modified not lodged in form RX2
application to alter the register under Schedule 4 paragraph 5(b) to the Land Registration Act 2002, not lodged in form AP1 (these applications may give rise to an alteration of a restriction and should not be confused with applications in form RX2)
cancellation of a restriction not lodged in form RX3
withdrawal of a restriction not lodged in form RX4
noting the overriding priority of a statutory charge not lodged in form SC
upgrading of title not lodged in form UT1
application to register a transfer, assent or charge or other transaction (of part or whole) for which no other application form is prescribed should be lodged in form AP1 except:
- an application to remove the name of a deceased joint proprietor from the register
- electronic applications made under rule 14 of the Land Registration Rules 2003

6.2 Stamp Duty Land Tax and Land Transaction Tax

Stamp Duty Land Tax (SDLT) applies to most transactions relating to land in England and transactions relating to land in Wales completed before 1 April 2018. Land Transaction Tax (LTT) applies to most transactions relating to land in Wales completed on or after 1 April 2018.

Where land falls partly in England and partly in Wales, the transaction will be treated as if there were two transactions and the consideration is to be apportioned between the two transactions. If the consideration for each transaction requires notification to HM Revenue & Customs (HMRC) and the Welsh Revenue Authority (WRA), both authorities will issue a land transaction return certificate.

There will be cases where the cross-border transaction will include land in Wales or England that is not notifiable to either HMRC or the WRA (or potentially both). In these cases it will be necessary for the conveyancer to notify HM Land Registry when lodging the application that there is only one certificate (or no certificates) because the consideration given for the land in one country, or in both tax jurisdictions, is not notifiable to one, or both, tax jurisdiction(s).

Requisition

A transaction is lodged without a land transaction return certificate (SDLT5 or Land Transaction Tax certificate) or SDLT submission receipt or an explanation as to why one or both is not required.

Tips

An SDLT 5 certificate or submission receipt or LTT certificate is not required in respect of:

a legal or equitable charge, a discharge or any deed solely affecting a charge or the priorities of charges
a transfer under which no beneficial interest passes, including transfers:
- to give effect to the appointment of new trustees
- in connection with the retirement of a trustee
- by a nominee (such as a bare trustee) to a beneficiary

An SDLT 5 certificate or submission receipt is not required for the following transactions provided they were completed on or after 12 March 2008:

an acquisition (other than the grant, assignment or surrender of a lease) where the chargeable consideration for that acquisition (together with any linked transaction) is less than £40,000. Examples include transfers of freehold land and deeds of gift.
the grant of a lease for 7 years or more where the premium is less than £40,000 (for leases dated before 1 April 2016, the annual rent also had to be less than £1,000 to not require notification to HMRC)
the transfer, assignment or surrender of a lease where:
- the lease was originally granted for a term of 7 years or more
- the consideration for the assignment or surrender, other than any rent, is less than £40,000
the grant, assignment or surrender of a lease for a term of less than 7 years where the premium does not exceed the zero-rate threshold

An LTT certificate is not required for the following transactions:

an acquisition (other than the grant, assignment or surrender of a lease) where the chargeable consideration for that acquisition (together with any linked transaction) is less than £40,000. This includes, for example, transfers of freehold land, deeds of gift and deeds of grant of easements. This covers the noting of interests as well as their substantive registration
the grant of a lease for 7 years or more where:
- the chargeable consideration other than rent is less than £40,000 and
- the annual rent (or chargeable proportion of the annual rent) is less than £1,000
the assignment or surrender of a lease where:
- the lease was originally granted for a term of 7 years or more, and
- the chargeable consideration for the assignment or surrender, other than any rent, is less than £40,000
the grant, assignment or surrender of a lease for a term of less than 7 years where the chargeable consideration for the grant, assignment or surrender does not exceed the zero-rate threshold

See practice guide 2: first registration of title if deeds are lost or destroyed for guidance

Certified copies of transfers of part, leases and new charges not lodged.

6.5 Deeds requiring amendment

Requisition

Deed contains incomplete or incorrect clerical detail.

Tips

Please ensure that all clerical detail is correctly inserted.

Pay particular attention to dates, full names, title numbers and property descriptions, especially in charges.

6.6 Fees

Requisition

Non-payment or under-payment of fees.

Tips

Fees are ascertainable from the current Land Registration Fee Order, which is published by The Stationery Office, see HM Land Registry: Registration Services fees or use our fee calculator.

Make your cheque payable to ‘HM Land Registry’ and ensure that it is signed and dated (not post dated).

When we receive an application to change the register that is not accompanied by a fee, where a fee is payable under the current Land Registration Fee Order, providing no requisition points arise, we will contact the applicant by telephone, usually on the day of receipt, to request either remittance of the correct fee (if not already sent) or authorisation to use direct debit, if appropriate. If a cheque is required, the application will be held over for five working days from and including the day of the telephone call to await receipt. However, if a cheque is not received on or before the fifth working day then the application will be rejected.

6.7 Name and address omission or discrepancy

Requisition

No address for service provided on application form.

Tips

Please provide up to three up-to-date addresses for service (one of which must be a postal address but does not have to be within the United Kingdom) when required. Our application forms are designed to accommodate this. If you do not specify an address we may enter an address from an accompanying document, which may not be up to date. If the postal address provided is not within the United Kingdom you might want to consider also providing a care of address within the United Kingdom or an email address as post can sometimes be delayed when sent overseas.

Note: If address(es) for service change, please notify us. If the register does not show the latest address(es) for service, a party may not receive important notices or notifications from us and may suffer loss as a result.

Requisition

Names are not identical in deeds lodged together.

Tip

Please ensure that full names appear on all documents and that the spelling is consistent, for example, the purchaser’s names in a transfer agree with those in an accompanying charge.

Requisition

Names on deeds are not identical to those in the register.

Tip

Where there is a discrepancy between the names in the register and names in deeds being lodged either:

amend the deed if it is incorrect
confirm that the person named in the register is the same person as the one named in the deed, and where that person is to remain in the register, confirm that the name, as it appears in the deed, is the name that should appear in the register

Please provide evidence where a name has changed, such as a certified copy of a deed poll, birth certificate, marriage certificate or death certificate, or provide a certificate to confirm the details of the name change. In the case of a marriage or civil partnership such a certificate should include the names of the couple, to include the wife’s or civil partner’s former name, and the date and place of the marriage or civil partnership. We will, however, require a certified copy of a birth, marriage or death certificate if it is from outside the UK.

Requisition

Consent or certificate in compliance with restriction not lodged.

Tips

Requisition

Extent shown on plan does not agree with the property description supplied in clause LR4 of a prescribed clauses lease.

Tip

Ensure that clause LR4 of a prescribed clauses lease is completed to account for all the land included in the application to identify any exclusions and to agree with plan.

Practice guide 64: prescribed clauses leases provides further information about prescribed clauses leases.

Requisition

Floor levels are not clear in plans relating to flats and other parts of buildings.

Tip

Ensure floor levels on plans are clearly defined and correspond with verbal references in the deed.

Ensure any edgings are not too thick and do not obscure any other detail on the plan. On a small-scale plan thick lines can be several metres across on the ground.

Requisition

On first registrations where the extent on the plan:

cannot be related to the Ordnance Survey map
is not clearly defined, for example by edging, colouring or hatching
includes land already registered

Tip

Ensure any edgings are not too thick and do not obscure any other detail on the plan. On a small-scale plan thick lines can be several metres across on the ground.

Check the extent against the result of your search of the index map (form SIM).

Requisition

On first registrations plans that bear the following (or similar) statement of disclaimer, for example:

‘Note: This plan is for reference only and although believed to be correct, its accuracy is in no way guaranteed and it is expressly excluded from any contract.’

Tip

We will accept a disclaimer that appears on deed plans created by National Grid Gas plc (Co Regn No 2006000) (formerly Transco plc) where the disclaimer relates to the positioning and/or existence of pipes, equipment and so on.

Requisition

On first registrations where a marking or colouring referred to in the text of a deed has been omitted from the plan.

On first registrations where plans have been reduced from their original scale but still bear the original scale endorsement.

Tips

Please prepare any plan for a new deed or application having regard to the following guidelines practice guide 40: HM Land Registry plans - guide overview:

draw and show to its actual scale
show its orientation (such as a north point)
use preferred scales of 1/1250 - 1/500 for urban properties
do not base on a scale of imperial measurement (for example, 16 feet to 1 inch)
do not reduce in scale (see practice guide 40: HM Land Registry plans - guide overview
do not mark or refer to as being for identification only
do not show statements of disclaimer used under the Property Misdescriptions Act 1991
show sufficient detail to be identified on the Ordnance Survey map
show its general location by showing roads, road junctions or other landmarks
show the land of the property including any garage or garden ground
show buildings in their correct (or intended) position
show access drives or pathways if they form part of the property boundaries
show the land and property clearly (for example by edging, colouring or hatching)
have edgings of a thickness that does not obscure any other detail
show separate parts by suitable plan markings (house, parking space, dustbin space)
identify different floor levels (where appropriate)
show intricate boundaries with a larger scale or inset plan
show measurements in metric units only, to two decimal places
show undefined boundaries accurately and, where necessary, by reference to measurements.
show measurements that correspond, so far as possible, to scaled measurements

6.11 Deeds of variation of lease

Requisition

Deeds of variation of lease that act as a surrender and re-grant not lodged in form AP1.

Tips

Deeds of variation of lease that lengthen the term or add land to the demise generally act as a surrender and re-grant. If this does not apply to your deed, please explain why quoting the relevant authority in support.

If the deed of variation acts as a new lease, you must lodge the usual requirements for registering a dispositionary first lease:

completed form AP1 quoting the lessor’s title number
fee for surrender and re-grant (if applicable)
consents from beneficiaries of a unilateral or agreed notice, restrictioner and so on
a certified copy of the existing original lease, and discharge/withdrawal of any encumbrances on that title

See practice guide 25: leases - when to register.

6.12 Execution of deeds

Requisition

Signature not witnessed.

Tip

Each signature needs to be separately witnessed.

Requisition

Authority to execute not supplied.

Tip

Where a deed has been executed on behalf of a party please supply evidence of authority, for example:

grant of probate or letters of administration
appointment of Trustee in Bankruptcy
special resolution of the board
deed of incorporation of non English, Scottish or Welsh company
certified copy of power of attorney
appointment of Public Trustee
copy of an HM Land Registry letter stating that evidence has already been filed with us and need not be produced.

Requisition

Deed has to be executed by donor where they have appointed another joint proprietor as attorney.

Tip

Certain requirements apply where a joint proprietor is acting as an attorney for the other joint proprietor(s).

6.13 Joint proprietorship

Requisition

Application does not state if a tenants in common restriction in Form A (Schedule 4 to the Land Registration Rules 2003) is required.

Application gives conflicting information about whether a Form A restriction is required.

No evidence of receipt of a notice of severance of joint tenancy.

Deed has to be executed by donor where they have appointed another joint proprietor as attorney.

Tips

When applying to register joint tenants, ensure that your application states the nature of the joint tenancy. Panels are provided for this on some forms (for example, panel 10 on form TR1, panel 9 on form FR1, panel 10 on form AS1 or clause LR14 of a prescribed clauses lease).

Ensure that the information in these panels does not conflict with any other information you supply. A restriction may be entered without further consultation if there is a conflict.

Ensure that any notice of severance is endorsed as received by the recipient.

With the exception of applications lodged by members of the public, applications that must be accompanied by a power of attorney or a conveyancer’s certificate in form 1 in Schedule 3 to the Land Registration Rules 2003 (as amended) may be rejected if the necessary power or certificate is not provided at the time of lodgement. For our requirements please see practice guide 9: powers of attorney and registered land.

Question 7

7. Things to remember

Accepted Answer

We only provide factual information and impartial advice about our procedures. Read more about the advice we give.

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Applies to England and Wales

1. Introduction

2. Requisitions and time to reply

3. Applying for an extension of time

4. Discharge of charges

5. Reasons for delay

5.1 Extensions normally given

5.2 Extensions normally refused

6. Application checklist: avoiding requisitions

6.1 Application forms

Requisition

Tips

Requisition

Tip

Tip

6.2 Stamp Duty Land Tax and Land Transaction Tax

Requisition

Tips

Requisition

Tip

6.3 Discharges

Requisition

Tips

Requisition

Tip

Requisition

Tip

Requisition

Tip

6.4 Missing deeds

Requisition

Tip

Requisition

Tip

Requisition

Tip

Requisition

Tip

Requisition

Tip

6.5 Deeds requiring amendment

Requisition

Tips

6.6 Fees

Requisition

Tips

6.7 Name and address omission or discrepancy

Requisition

Tips

Requisition

Tip

Requisition

Tip

6.8 Consent, certificate or withdrawal required

Requisition

Tips

Requisition

Tip

6.9 Companies and corporations

Requisition

Tip

Requisition

Tip

Requisition

Tip

Requisition

Tips

6.10 Extent problems

Requisition

Tip

Requisition

Tip

Requisition

Tip

Requisition

Tip

Requisition

Tip

Requisition